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Dying In South Carolina Without A Will With No Children or Spouse

If you die without a will in South Carolina your estate will be considered intestate. Your estate will be divided by the South Carolina Intestate Succession Laws. In the case you leave behind no spouse or children then your probate estate, or all assets titled in your name, will go to the next available taker. The next available taker is determined by the South Carolina Intestate Succession Laws. The first group of takers is your parents. Each surviving parent would get an equal share of your estate. If you had no surviving parents then the next group to take would be siblings. Each surviving sibling would get an equal share and non-surviving siblings would have their share go to their children in equal shares if any. The next group would be nieces and nephews. The next group would be grandparents. This would split shares of the estate between the paternal and maternal grandparents and any available takers for this group and further groups under the grandparents. The next group would be aunts and uncles. The next group would be cousins. The succession goes all the way up to great grandparents and the groups below that. If no living relatives are available stepchildren may take, and then if no one is available the State of South Carolina takes.

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